Short Note : 1. After the accused appeared in this Court on 24-5-1978, a report was called for from the Jail authorities regarding the behaviour of the appellant in Jail and another report were called for from Mental Hospital regarding the treatment given to the accused. Held : Having examined the record of the trial Court and having considered the reports received in this Court, we are of opinion that in this case the accused was tried while he was of unsound mind and was not only unable to know the nature of the proceeding held against him but was also unable to make his defence. Consequently, the conviction of the accused is liable to be set aside and the case has to be remitted back to the trial Court for following the procedure laid down under Chapter 25 of the Code of Criminal Procedure, 1973 (Act No.2 of 1974). 2. When the accused was produced before the trial Court on being committed by the Magistrate on the first day of hearing the learned trial Court observed that the accused was not only not answering questions put to him but appeared to be of unsound mind and. therefore, incapable of making his defence. A report of the Civil Surgeon was therefore, caused. In his report the Civil Surgeon, on 23rd May, 1974, simply stated that on an observation of the accused no mental abnormality was detected. He, therefore, was of the view that he was not of unsound mind and was capable of making his defence. During the trial the condition of the appellant which the learned trial Judge noted on 1-5-1974 continued so much so when he was examined under section 313 of the Criminal Procedure Code not a single question was answered by him. After the accused was convicted and sentenced, the present memo of appeal was received from jail. The Superintendent Central Jail was unable to obtain the signature of the accused on the memo of appeal. The report of the Mental Hospital, Indore received in this Court also shows that the accused is a person of unsound mind. He remained indoor patient from 5-9-1974 and though he was given the necessary treatment including the electroconvulsive therapy but he continued to remain in the same condition. The accused then produced before this Court also appears to be a person of not of sound mind. He remained indoor patient from 5-9-1974 and though he was given the necessary treatment including the electroconvulsive therapy but he continued to remain in the same condition. The accused then produced before this Court also appears to be a person of not of sound mind. There was no one to represent him and, therefore, we were also not in a position to hear the appellant on the merits of the appeal. 3. In the report of the Civil Surgeon an the basis of which the learned Trial Judge concluded that the accused was of sound mind and capable of making his defence, the details of the observations made by the Civil Surgeon are not given. It is a cryptic report without any data on which such opinion was formed by the Civil Surgeon. Case sent back for retrial.